Q&As: General

The current PSAs between Viapath and GSTT and KCH are coterminous in 2020 at which point the Trusts will retender them.

Doing nothing is not an option. We would fail to unify the organisation, Viapath quickly would become financially unviable and current RoE employees’ membership of the NHS Pension Scheme would end in April 2017.

No. The changes are support the Viapath strategy to integrate and modernise the service as One Organisation.

No. As now, inter-site transfer would only be possible following consultation.

Yes. Our communications strategy and plans will address this and the wider approach to staff communications.

Given the ambition to unify the organisation, the requirement for currently seconded (RoE) staff to transfer in order to retain their membership of the NHS Pension Scheme and the need to re-structure the business in the light of the change in our VAT status, the proposed solution is the only viable option and has been recommended by the Viapath Board.

Yes, where this would facilitate service modernisation and improvement and career development.

Yes. This is a key project and resources are being allocated as appropriate by all stakeholders.

This is a joint project and we are in detailed discussion with Trust HR colleagues with regard to ensuring the necessary resourcing.

The need to manage the restructure sensitively and successfully is well understood by all stakeholders and therefore it is not anticipated that there will be staff losses as a result.

Staff Side engagement initially is a matter for the Trusts and proper consultation will take place supported by Viapath.

An internal communications strategy and detailed plans are in development and will serve to inform all parties.

No. The Doctors are neither employed by or seconded to Viapath and so are not affected by the restructure.

No money will be saved but an excessive tax burden will be minimised by virtue of the restructure.

No. HMRC have provided clearance that they are happy with our proposed change. The new structure will comply with both the letter and the spirit of the law. It is the legal right of Viapath to set itself up in a tax efficient fashion so as to continue the high quality work we do for the NHS, at the lowest possible cost. Under the new structure we will be paying more tax to HMRC than before.

The ambition of the One Organisation initiative and the successful realisation of our future plans are entirely dependent upon Viapath having a well-motivated workforce.Reneging on promises would be counter to this. In any event, GSTT and KCH are majority shareholders in Viapath and they have committed to maintain the quality of staff and services.

The working relationships with clinical colleagues and our engagement with the Trusts will be unaffected by the restructure.

No. The restructure and transfer have no impact on indemnities.

We appreciate for some individuals there is a strong bond and a sense of pride that comes with being an NHS employee. We totally respect that depth of feeling and recognise that if you are a RoE employee then the prospect of a TUPE transfer to Viapath may be a sensitive subject. Discussions about a potential TUPE transfer are not something the employing Trusts have entered into lightly, but it is the solution that the Viapath Board collectively agrees is in the best interests of protecting both the service we provide and the continued membership of the NHS pension scheme for the Trust’s RoE employees. Remaining with the current RoE model would mean that, over the longer term, you would be unable to maintain access to the NHS pension scheme.

Viapath are committed to ensuring that, in the event of a TUPE transfer taking place that we continue to work together to create an organisation which also retains the best of the NHS culture and values within it.

Viapath will discuss this with Staff Side during consultation.

Yes employees would be able to continue using their nhs.net emails.

Yes employees would be able to continue using their nhs.net emails.

Our legal team are currently looking into this and we will be able to update you once they provide us with their conclusions.

Our payroll team are investigating the feasibility of bringing Viapath’s pay date in line with the NHS (24th of the month). We will update you on this as soon as possible.

Your OH provider will not change. Viapath have a contract with the current provider and this contract will not be affected by the transfer. As is normal practice we will review this arrangement at the contract renewal date.

This question need to be answered in two parts as it is important to make the distinction between 1. Contractual terms and conditions (T&Cs), and 2. Non Contractual T&Cs, policies, procedures and benefits i.e. non contractual elements.

1. TUPE legislation states that all contractual T&Cs must remain as is prior to a transfer.  T&Cs governed by Agenda for Change (AfC) as at the time of transfer are contractual (e.g. maternity/adoption, holiday, sickness entitlement etc) and as such these would not change. 
2. Viapath is working with the Trusts to agree which non contractual elements (e.g. car parking spaces, nursery care etc) will transfer. These elements will be identified and confirmed during the consultation process.

Viapath continues to need to attract and retain the best scientists and support staff to deliver its strategic aim to be the leading pathology services provider in the UK and it would not make sense to make changes that would be detrimental to our employees.

Additionally, the restructure will be covered by the Transfer of Undertakings (Protection of Employment Regulations (2006) (“TUPE”) and as a result all existing contractual employment terms & conditions will be maintained. Nevertheless all organisations introduce change from time to time in the interests of improving the service / business and while there are no plans to make any changes, anything we did propose would be subject to formal consultation with you.

Whilst staff cannot continue to apply  to the Trusts for funding, they will receive financial support from Viapath for continued personal development. Viapath is investing significantly in staff learning & development through, for example the recent Scientific L&D Funding initiative and will continue to invest in the professional development of its staff going forward.

Our learning and development team are investigating this and we will update you on this as soon as possible.

Our learning and development team are investigating this and we will update you on this as soon as possible.

Yes. The Trust locally agreed On-Call Policy will apply following TUPE.

The Trust currently provide the Viapath workforce with statutory and mandatory training stipulated by them as the host Trust, they issue us with dummy ESR number to track and give us access to the training and recording thereof. We have been in discussion with the Trust about in-sourcing this training, this will only be possible if we make alternative arrangement to meet the statutory requirements and report back to the Trust as appropriate. We will update you as soon as possible regarding any progress.

This is done in agreement with the host sites, in this case the Trusts, therefore we will continue to work with the host Trusts to determine mandatory training requirements.